HUMANITARIAN RELIEF FOUNDATION FSH – Geneva

Code of Conduct

Protection of Persons and Prevention of Abuse

I. Introduction

The Humanitarian Relief Foundation (FSH) is an international solidarity organisation dedicated to protecting the rights of individuals in vulnerable situations, in particular children, orphans, widows, people with disabilities and, more generally, human rights. Respect and dignity for the people involved, as well as for those who benefit from our actions and their communities, are the cornerstone of the commitment of our staff and employees.

The Foundation Board issues and approves this Code of Conduct (CoC), the purpose of which is to establish the principles of behaviour and set out the fundamental values relating to the protection of the Foundation's employees and beneficiaries. This Code sets out an operational framework for interactions between the Foundation's employees and partners with beneficiaries. It aims to spell out expected behaviour and practices, thus defining minimum standards for the Foundation, while identifying actions to be avoided if these relationships are to comply with the ethics developed by the Foundation.

II. Adoption

This Code of Conduct applies to individuals with an employment contract with the FSH, whether temporary or permanent, as well as to consultants, interns, volunteers, contractor organisations and partner organisations in the context of their collaboration with the FSH. It extends to all situations, professional or otherwise, whether they arise during working hours or outside such hours.

Adoption of the Code of Conduct is subject to a vote by the Foundation Board, which requires a simple majority of the members present or represented. Amendments to the Code of Conduct follow the same decision-making process, requiring a simple majority of the members of the Foundation Board present or represented.

III. Purpose of this Code

The purpose of this Code of Conduct is to ensure the protection of all beneficiaries of FSH actions, whether they are directly or indirectly involved, as well as individuals within the communities in contact with these actions, in particular children, women, disabled people and anyone in a vulnerable situation.

We categorically demand that our staff and partners adhere strictly to this Code of Conduct. Senior managers are responsible for ensuring strict compliance with this Code by staff under their responsibility, by providing an exemplary working environment.

This Code applies to all persons with an employment contract with the FSH, whether temporary or permanent, to consultants, interns, volunteers, as well as to service provider organisations and partners collaborating with the FSH. It applies to all situations, whether professional or otherwise, both during and outside working hours. 

The FSH also expects its partners, both national and international, as well as their employees, suppliers and service providers, to behave with integrity and in accordance with this Code of Conduct. 

The FSH formally undertakes to exercise particular vigilance so as not to collaborate with individuals, groups or organisations with links to drug trafficking, arms trafficking, trafficking and/or exploitation of human beings, particularly in the worst forms of labour such as child labour and prostitution. It also refrains from collaborating with individuals suspected of being involved in other criminal activities such as fraud and/or tax evasion. 

IV. Basic Principles:

1. Respect for Fundamental Human Rights:

As an international solidarity organisation, the FSH places the protection of human rights at the heart of its mission. Its commitment is to fight injustice, poverty and precariousness by providing assistance to the most underprivileged populations. Its primary objective is to alleviate the suffering of these populations and improve their living conditions, with particular emphasis on respect for the fundamental rights of all beneficiaries. This includes respect for their dignity and physical integrity. 

2. Independence and Neutrality:

The FSH works with underprivileged populations while observing strict political and religious neutrality and respecting their political, religious and racial diversity. It rigorously maintains its independence from public, political and religious authorities in order to preserve its autonomy. 

3. Principle of Non-discrimination:

The FSH acts in accordance with the principle of non-discrimination and diligently ensures that the assistance provided is provided without any distinction as to the race, gender, creed or nationality of the beneficiary, and without any form of discrimination. Its intervention on behalf of the most underprivileged populations is carried out without distinction, with the sole aim of meeting their urgent needs and alleviating their distress. Aid is provided according to the needs of individuals, families and communities, without depending on the beneficiaries' adherence to certain political, religious or other opinions. 

4. Child Protection:

The FSH is actively committed to promoting the protection and safety of children during its interventions. It requires its staff and partners to behave irreproachably towards children, including showing absolute respect and setting appropriate limits. Any inappropriate act, such as touching a child in an inappropriate manner, using inappropriate language, making unhealthy suggestions, provoking, harassing, belittling or scorning a child, or showing disrespect for a child's cultural or religious practices, is formally prohibited. The FSH adopts a zero-tolerance policy towards child abuse, calling on everyone to take responsibility. Anyone witnessing inappropriate behaviour is required to report it to the Foundation's executive members. Any breach of this principle constitutes serious misconduct under criminal law, and may result in reporting to the competent authorities and termination of the contractual relationship on serious grounds. 

5. Respect for the Integrity of Individuals:

The FSH asserts its firm commitment to the integrity of the people it assists. All communication material using personal information and/or images of children and their families must comply with the ethical principles and basic rules applicable in this regard. This includes, inter alia, obtaining the prior consent of the child, his/her parents or a person legally responsible for the child before publishing his/her photograph or testimony. It is imperative to always respect the dignity of the child, to guarantee above all his or her safety and the protection of his or her privacy where necessary, and to refrain from publishing photographs of children who are nude or inappropriately dressed. The dissemination of images and information relating to our beneficiaries is strictly reserved for professional use and may only be carried out through our official communication channels. 

6. Protection of Data and Images:

The FSH is fully committed to respecting the data protection laws in force in Switzerland and in the countries in which it operates, and to preserving the confidentiality of the personal data of beneficiaries, donors and any other stakeholders. It is imperative that its staff and partners comply with the applicable data protection laws. Data must be processed only in a lawful, fair and transparent manner. It must be collected and processed solely for specified, explicit and legitimate purposes, while ensuring adequate security. 

7. Prevention of Abuse: Combating Sexual Exploitation and Abuse

The FSH categorically condemns all forms of sexual abuse and/or exploitation. It adopts a zero-tolerance policy with regard to such practices, whether directed towards beneficiaries, employees, partners' staff, or any other person in a vulnerable situation, perpetrated by a member of its staff or any agent acting on its behalf. No abusive behaviour, whether physical, psychological, sexual or economic, whether intentional or negligent, will be tolerated. Threats, harassment, abuse of authority, fraudulent management and embezzlement, collusion, use of force or dominant position and any other form of abuse will not be tolerated under any circumstances. It is strictly forbidden to solicit sexual favours or favours of any kind in exchange for money, employment, goods, services or any form of assistance. Any such abuse constitutes intolerable misconduct under criminal law, and may result in a report being made to the competent authorities and the contractual relationship being terminated on serious grounds.

8. Fight Against Fraud and Corruption

The FSH is fully committed to the fight against fraud and corruption. It adopts a zero-tolerance policy towards corruption, formally prohibiting all forms of bribery, extortion, kickbacks and embezzlement. It is expressly forbidden for its employees, staff members and partners to promise, offer, authorise, give or accept anything of value, directly or indirectly through a third party, with the aim of obtaining or retaining a contract or business, directing contracts to certain persons or companies, or acquiring an undue advantage by any means whatsoever. The FSH requires that its partners neither tolerate nor actively participate in corrupt practices, whether with public officials or private individuals. It is strictly forbidden to propose, offer or accept a gift with the intention or effect of influencing the decision-making process of a partner or any other stakeholder. Similarly, no subsidy likely to influence its own decision-making process may be accepted. The FSH reserves the right to terminate the contractual relationship immediately in the event of proven corrupt conduct within the sphere of responsibility of its partners and reserves the right to claim damages where appropriate. 

9. Fight Against Conflicts of Interest

The FSH takes preventive measures to avoid any situation or activity likely to create a conflict between its interests and those of its stakeholders, in particular its members, partners, consultants and service providers. It undertakes to prevent situations in which the actions of these parties could be influenced, or appear to be influenced, by their personal interests. Stakeholders, for their part, undertake to avoid any appearance of conflict of interest and to ensure that such situations do not adversely affect the Foundation. 

Any advantage, particularly financial, accepted by a member, a staff member or a partner's employees, whether directly or indirectly, must under no circumstances compromise, or be perceived as compromising, the independence of the individual concerned and, by extension, the integrity of the FSH. It is imperative for all members, employees and partners to refrain from using their positions in order to obtain personal benefits, or to obtain benefits for those close to them. 

The FSH requires the immediate disclosure of any conflict of interest, whether actual or potential, by managing members, so that an appropriate solution can be found. This is to ensure transparency and maintain confidence in the Foundation's activities. 

10. Preventive Measures Against Conflicts of Interest:

In order to prevent any conflict of interest and to ensure the integrity of its operations, the FSH implements the following preventive measures: 

1. Mandatory Disclosure Policy: Members, employees, partners, consultants and service providers are required to disclose immediately any actual or potential conflict of interest to the Foundation's managing members. 

2. Training and Awareness-raising: the FSH is required to set up regular training programmes aimed at raising awareness among members, employees and partners of the nature of conflicts of interest and the ethical and legal consequences thereof. 

3. Establishment of Codes of Conduct: the FSH develops and communicates clear and detailed codes of conduct, specifying the ethical standards to be respected in relation to conflicts of interest and emphasising the importance of integrity in all professional interactions. 

4. Ethics Committee: the FSH sets up an internal ethics committee to evaluate and resolve declared conflicts of interest in an impartial and transparent manner. 

5. Regular Conflict of Interest Reviews: the FSH conducts periodic reviews, led by managing members or the Ethics Committee, to identify and assess potential or existing conflicts of interest. 

6. Limitations on Personal Benefits: the FSH establishes strict guidelines prohibiting the acceptance of any financial or material benefit likely to influence the independence of a member, employee or partner. 

7. Procedures for Managing Conflicts of Interest: the FSH develops clear procedures for managing declared conflicts of interest, including the temporary removal or reassignment of responsibilities of the member concerned, thereby ensuring objective decision-making. 

8. Regular Policy Assessment: Periodically, policies and procedures to prevent conflicts of interest will be reviewed and, if necessary, adjusted to ensure their continued effectiveness. 

9. Independent Audits: Where necessary, the FSH will carry out independent audits to assess the effectiveness of preventive measures and to ensure compliance with ethical and legal standards. 1. Commission Set up: In the event of a breach of the principles and values set out in the Code of Conduct by an employee, the Chair of the Board or his/her Vice-Chair, on his/her own initiative or following a referral from another member of the Board or. 

By adopting these measures, the FSH is committed to maintaining an organisational culture based on ethics, transparency and the prevention of conflicts of interest. These initiatives help to maintain the trust of our stakeholders and ensure that we carry out our humanitarian mission with integrity and responsibility. 

V. Project Management Guide

The Foundation Board approves the introduction of a project management guide designed to set out the principles, guidelines, procedures and tools needed to manage FSH projects and activities. The purpose of this guide is to define the procedures to be observed in the design, implementation and monitoring of programmes, international solidarity projects and fundraising activities initiated by the Foundation. It will have the status of a non-binding reference document for the operational office, thus guiding the implementation of FSH projects and activities. 

VI. Operational Management Control

The Foundation Board periodically requests reports on the operational management and use of the Foundation's funds. These reports must be exhaustive, enabling the Foundation Board to understand the actual distribution of funds. The Management Committee will produce a report to the Foundation Board within one month of receiving the request, detailing the operational aspects of the management and use of the Foundation's financial resources. 

VII. Ethics Committee of the Foundation: Inquiry, Investigation and Appeal Procedure

1. Commission Set up: In the event of a breach of the principles and values set out in the Code of Conduct by an employee, the Chair of the Board or his/her Vice-Chair, on his/her own initiative or following a referral from another member of the Board or the Committee, must set up a commission dedicated to investigating allegations of a breach. This committee is responsible for verifying the veracity of the allegations and taking appropriate action in the event of a proven violation. 

The identity of the employee making the report is kept confidential, unless disclosure is necessary to further the investigation or is required by law. No retaliatory action against the employee making the report will be tolerated.

2. Composition of the Commission: The Commission, set up by the Foundation Board, comprises a chairperson and two elected members. It is made up of one member from the Board, one member from the Executive Committee and one member from outside the FSH or from the Foundation's legal counsel. The committee may call on services and technical expertise from outside the FSH, if necessary. 

3. Reporting of Violations: All reprehensible acts, in particular fraud and corruption, must be reported. Any person, whether employee, volunteer, beneficiary, partner, witness, or having suspicions about behaviour contrary to the rules of the Code of Conduct, is urged to report it to their line manager. If the line manager is or may be involved, the report may be made to the Chair or Vice-Chair of the Board or to the Chair of the Executive Committee. 

4. Decision and Recommendation: The Commission renders a decision, issues an opinion or makes recommendations within one month of the matter being referred to it. Its decisions, opinions and recommendations are communicated, if necessary, to the parties concerned, to the Chair of the Foundation Board, to the Chair of the Executive Committee and, where appropriate, to the Vice-Chairs of these bodies. All documents are treated as confidential and kept in a safe place. 

5. Consequences and Sanctions: Any breach of the Code of Conduct is subject to sanctions. These sanctions may have consequences in terms of labour, civil and criminal law. Sanctions may include a warning, dismissal, payment of damages and/or the lodging of a criminal complaint/action. The committee's decisions are implemented in compliance with FSH regulations and applicable Swiss law. 

VIII. Language and Entry into Force

This Code of Conduct is an appendix to FSH Regulation 1, which must be definitively approved by the Swiss Federal Supervisory Authority for Foundations. The Foundation offers versions of the Code of Conduct in various languages, including French, German, English and Arabic. 

It was approved by the Foundation Board on 10 December 2023 and submitted to the Federal Supervisory Authority for final approval.